Patna High CourtCR. MISC./81669/2023bail granted

Chandan Kumar v. The State Of Bihar

2024-04-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81669 of 2023 Arising Out of PS. Case No.-580 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Chandan Kumar Son Of Jogan Singh @ Jogan Kumar Singh R/O Vill - Rampur, P.S. - Tariya, Distt. - Saran At Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Adv For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.

2. Petitioner has preferred this application for grant of anticipatory bail in a case registered under sections 366, 363A, 120B of the Indian Penal Code and section 4, 6, 8 of POCSO Act.

3. As per prosecution case, the informant alleged that all the FIR named accused person including the petitioner kidnapped her minor daughter.

4. It is submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in this case. The statement of victim was recorded under section 164 of the Cr.P.C, in which she stated that out of

Patna High Court CR. MISC. No.81669 of 2023(4) dt.26-04-2024 2/2 her own will, she eloped with the petitioner and no one kidnapped her.

Considering the statement of the victim under section 164 of the Cr.P.C as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI cum Special Judge, POCSO, Muzaffarpur in Sadar P.S. Case No. 580 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) N.K/- U T